The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit Federal Appeals Court, where, after a Motion to...
Content By Antonio Dempsey
The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off inferior products as strong household brand...
Battling Brands: The Fight For Trademark Territory
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart of the matter lies the use of the term...
Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL
Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal court by photographer Allen Kee,...
Is Famous Whiskey Really Famous? Exploring Brand Recognition, Trademark Dilution & Fame
Is the dripping wax seal of Maker's Mark famous? What about the Texas Longhorn Football logo – surely that's famous, isn't it? While many would say those are famous and indelible American symbols, in the area of trademark law, specifically trademark dilution, there is...
Can an Ohio Judge Tell You How Fast You Must Try Your Case?
Your partner's battle with cancer came to a tragic end, a struggle intensified by their persistent cigarette smoking. Despite your repeated pleas for them to quit, the addiction proved too strong. . A lawyer was consulted, and they agreed to take the case; your spouse...
Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the Federal Circuit. At issue in Vidal is the...
Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions
The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L Home Care and Training Center, LLC ,...
AI Tells the Dangers of Having it Write Amazon Reviews
Amazon has been at war with unscrupulous actors and a new contender just entered the battlefield. An examination of various sites reveals the presence of AI-generated reviews. These reviews consistently incorporate the statement "As an AI language model," a frequently...